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Sheriff puts Bank of Scotland to proof on bank charges


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No t5hink its two - Sharp v Clydesdale, as well (now) Reid and BoS. Walls, last I heard, was heading to the ECHR on the basis that the refusal of the Scottish Legal Aid Board to grant legal aid when the Bank had taken the case out of summary cause (exposing the claimant to unlimited expenses if they lost), was a breach of Human Rights. Like many ECHR cases, goodness only knows when there will be an outcome.

Taking Sharp and Reid together with the news earlier that GLC is moving toward stage 2 where multiple cases will be brought, presumably on the same bases as Reid and Sharp, is significant progress. Clearly the banks - as they often dont - didnt want to take their chance on their day in court. Having used a variety of scare and delay tactics, they have decided to fold. It would be interesting to learn what issues were raised for Sharp and Reid, but given the agreement that has been struck with the bank that is impossible. However, when multiple cases start going in (and not just in Glasgow?), strategies of delay and causing concern, simply wont work and the banks will either have to decide whether to be dragged through court any number of times to either lose or give up at the entrance to the court (which is going to impose costs on them no matter what), or do the decent thing and return the money they have in effect stolen to their customers.

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Yes their manpower is limited - its "only" a local advice centre. However, if you go here (http://govanlc.blogspot.co.uk/2012/06/glc-unfair-bank-charges-update-phase-2.html) you will find that they now have a partnership with the Glasgow Advice Agency Ltd, which they say will allow them to bring "much larger groupings of litigations on behalf of consumers in the East of Glasgow, and across the South of Glasgow." The East End in particular is likely to produce any number of cases from people in the most severe financial hardship, many of whom will have had a right kicking off the banks - it will illustrate the "unfair relationship" beatutifully.

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AND should hopefully get the press attention needed to bring this back onto the front pages of the news papers.

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Hopefully, though so far the banks havent let the cases get to a final court decision. Will they do the same now in the face of some more (but at this point hardly an onslaught)? Who knows.

I suspect they will do what they can to keep it out of mainstream media, but its on this kind of matter that sites like this are worth their weight in gold.

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Yes their manpower is limited - its "only" a local advice centre. However, if you go here (http://govanlc.blogspot.co.uk/2012/06/glc-unfair-bank-charges-update-phase-2.html) you will find that they now have a partnership with the Glasgow Advice Agency Ltd, which they say will allow them to bring "much larger groupings of litigations on behalf of consumers in the East of Glasgow, and across the South of Glasgow." The East End in particular is likely to produce any number of cases from people in the most severe financial hardship, many of whom will have had a right kicking off the banks - it will illustrate the "unfair relationship" beatutifully.

 

GLC is one of the largest law centres in the UK, and Mike Dailly is involved in financial issues at a national (UK) level, so I think it's likely that he'll be working to improve things for the masses, and not just locally.

 

http://www.firmmagazine.com/news/2641/Solicitor_of_the_Year's_appointment_in_FSA_role_made_via_Facebook.html

 

http://www.fs-cp.org.uk/about_us/mike_dailly.shtml

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I think Caro you must have missed the quote marks around "only". GLC, whether its one of the biggest, or even the biggest law centre clearly punches way above its weight, and that it does so is testament to the work of Mike Dailly, though not only him as I am certain he would be the first to acknowledge.

On the other hand GLC does have to focus on cases from the inhabitants of its local area - see for instance http://www.govanlc.com/glasgow.htm - this is why the partnership with Glasgow Advice Agency is important since it allows a larger geographical "footprint" to be covered. But at the same time, I dont think Mike Dailly will need telling about the significance of his work (and not only on bank cases) for much further afield than Govan or even Glasgow as a whole.

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Sorry sfu - I missed the significance of the quote marks. Had a bit of a blonde moment I think. GLC have also been heavily involved in repossession issues. As you say, Mike and the team clearly punches above it's weight. :-D

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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so, as suggested before, and what the glc seems to be working towards, need an authority, like the ppi case for eg, for things to be universal.

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  • 2 months later...
No t5hink its two - Sharp v Clydesdale, as well (now) Reid and BoS. Walls, last I heard, was heading to the ECHR on the basis that the refusal of the Scottish Legal Aid Board to grant legal aid when the Bank had taken the case out of summary cause (exposing the claimant to unlimited expenses if they lost), was a breach of Human Rights. Like many ECHR cases, goodness only knows when there will be an outcome.

Taking Sharp and Reid together with the news earlier that GLC is moving toward stage 2 where multiple cases will be brought, presumably on the same bases as Reid and Sharp, is significant progress. Clearly the banks - as they often dont - didnt want to take their chance on their day in court. Having used a variety of scare and delay tactics, they have decided to fold. It would be interesting to learn what issues were raised for Sharp and Reid, but given the agreement that has been struck with the bank that is impossible. However, when multiple cases start going in (and not just in Glasgow?), strategies of delay and causing concern, simply wont work and the banks will either have to decide whether to be dragged through court any number of times to either lose or give up at the entrance to the court (which is going to impose costs on them no matter what), or do the decent thing and return the money they have in effect stolen to their customers.

 

I've been away for a while (no - not that kind of "away" - I'm sure they've got better broadband than any of us can afford in there anyway) - so I'm just catching up on threads of interest. The thing is it now seems to me that we are back into a two tier justice situation - the Banks will cave in when people can use legal aid - but will continue to prevaricate when cutomers need to risk their own money in fighting them.

 

I think these kind of "confidential" deals should be made illegal - after all surely "justice" must be seen to be done - and apply to all - not just to those who can use legal aid?

 

Hopefully GLC "phase 2" might help the rest of us? I'm puzzled though that in this anti-Bank culture there has been nothing in the papers or media even to report that there is nothing to report other than two cases have been withdrawn. Perhaps CAG should be more pro-activae in publicising things like this.

 

BD

 

PS - Totally agree - OFT please BUTT out thsi time around - leave it to those more competent - i.e. everyone else!

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It means some posts (may be off-topic or abusive) have been removed. The post numbers within the thread are re-adjusted but the total page nos and post nos at the top are not.

 

Thus this is the last page (page 71) even though at the top is showing Page 71 of 74 pages and 1465 posts

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  • 4 months later...
Has there been ANY developments which have not been 'gagged'?

 

I don't think so kenny. I understand GLC are trying to find a way round this.

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Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Agreed kenny. It's been a long time and I know no more than anyone else. It's all very frustrating. :-(

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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